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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106592-106593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30882]

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DEPARTMENT OF JUSTICE

Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response Compensation and Liability Act

    On December 19, 2024, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Virginia in the lawsuit entitled United States and 
Commonwealth of Virginia, Secretary of Natural and Historic Resources 
v. FMC Corporation, Civil Action No. 5:24-CR-108.
    The lawsuit was initiated by a complaint filed by the United States 
and the Commonwealth of Virginia (the ``Trustees'') in their capacity 
as the legally designated trustees for natural resources in Virginia. 
The complaint alleged, inter alia, that the Defendant was liable for 
damages for injury to, destruction of, or loss of natural resources 
resulting from the release of hazardous substances at and from the 
Avtex Fibers, Inc. Site (the ``Site'') in Front Royal, Virginia, 
pursuant to three statutes: the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, the Virginia State Water 
Control Law, and the Virginia Waste Management Act.
    The Consent Decree resolves the claims of the Trustees against the 
Defendant for a total payment of $1,674,361. Of this amount, $1,393,219 
will be paid into the United States' Natural Resource Damages 
Assessment and Restoration ``(NRDAR'') Fund managed by the U.S. 
Department of the Interior, which will reimburse the Department's 
natural resource damages assessment activities and fund projects aimed 
at restoring the injured natural resources at the Site. The remaining 
$281,142 will be paid to the Commonwealth of Virginia for restoration 
of injured natural resources arising from groundwater contamination at 
the Site, and to reimburse the Commonwealth's natural resource damages 
assessment costs. In addition, as part of the settlement the United 
States will pay $2,496,305 into the NRDAR Fund to support restoration 
projects. This latter amount will resolve the alleged liability of four 
settling

[[Page 106593]]

federal agencies--the U.S. Department of Defense, the Department of 
Commerce, the General Services Administration, and the National 
Aeronautics and Space Administration--that allegedly contributed to the 
natural resource damages incurred at and from the Site. In return for 
these payments, the United States and the Commonwealth will confer on 
the Defendant and the settling federal agencies covenants not to sue 
for natural resource damages known or reasonably ascertainable as of 
the date of lodging of the Consent Decree.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and Commonwealth of Virginia, 
Secretary of Natural and Historic Resources v. FMC Corporation, D.J. 
Ref. No. 90-11-3-10912. All comments must be submitted no later than 
thirty (30) days after the publication date of this notice. Comments 
may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decree/us-et-al-v-fmc-corporation. If you 
require assistance accessing the proposed Consent Decree, you may 
request assistance by email or by mail to the addresses provided above 
for submitting comments.

Jason A. Dunn,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2024-30882 Filed 12-27-24; 8:45 am]
BILLING CODE 4410-15-P
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